Unfortunately, no, you can’t assume that. The existence of a business entity is only one of many factors.
As I said a little earlier, there’s no magic test. “He has a business. He sends me an invoice from that business. He does other work, too. He’s a contractor.” is probably the most common justification that employment lawyers see. The existence or non-existence of a business entity or even the presence of other clients doesn’t automatically make someone a contractor or not a contractor. It’s these black and white tests that get employers into trouble. Doug From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Mike Hammett Sent: Wednesday, March 05, 2014 5:11 PM To: WISPA General List Subject: Re: [WISPA] remote employee I'm assuming that's all out the window if you're paying an LLC, Corp, etc. and not an individual? ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com ________________________________ From: "Douglas A. Hass" <d...@franczek.com<mailto:d...@franczek.com>> To: "WISPA General List" <wireless@wispa.org<mailto:wireless@wispa.org>> Sent: Wednesday, March 5, 2014 12:58:23 PM Subject: Re: [WISPA] remote employee That’s a good way to look at it, Matt. One additional refinement to what you say below, though--even if your guy does other outside work for other clients, that’s not going to be enough on its own to make him a contractor. A person could be a contractor for some purposes and STILL be considered your employee. Doug Douglas A. Hass Associate 312.786.6502 d...@franczek.com<mailto:d...@franczek.com> Franczek Radelet P.C. Celebrating 20 Years | 1994-2014 300 South Wacker Drive Suite 3400 Chicago, IL 60606 312.986.0300 - Main 312.986.9192 - Fax www.franczek.com<http://www.franczek.com/> Franczek Radelet is committed to sustainability - please consider the environment before printing this email ________________________________ Circular 230 Disclosure: Under requirements imposed by the Internal Revenue Service, we inform you that, unless specifically stated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter herein. ________________________________ For more information about Franczek Radelet P.C., please visit franczek.com. The information contained in this e-mail message or any attachment may be confidential and/or privileged, and is intended only for the use of the named recipient. If you are not the named recipient of this message, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment thereto, is strictly prohibited. If you have received this message in error, please contact the sender and delete all copies. ________________________________ From: wireless-boun...@wispa.org<mailto:wireless-boun...@wispa.org> [mailto:wireless-boun...@wispa.org] On Behalf Of Matt Corcoran Sent: Wednesday, March 05, 2014 12:55 PM To: WISPA General List Subject: Re: [WISPA] remote employee Only 2 options as I understand it: If he is an employee you have to pay the taxes. If he is a private contractor you cannot dictate how he manages his time and conducts “His” business. You just pay him what he wants for his service to you. (Even if he is a private contractor, he must sufficient other customers besides you or he is still your employee) Matt From: heith petersen <wi...@mncomm.com<mailto:wi...@mncomm.com>> Reply-To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>> Date: Wednesday, March 5, 2014 at 1:39 PM To: WISPA General List <wireless@wispa.org<mailto:wireless@wispa.org>> Subject: [WISPA] remote employee So, we finally got our former local tech set up at his office at his new home 3 hours away. He has tunnel access into our net, access to billing and his VoIP phone tied to our switch to make and receive calls on our local lines, just like he did when he sat 10 feet from me. So next is to fine tune things. We dumped him as a regular employee and moved to contract labor with no benefits, basically bumped him to a level where his pay per hour covered what he received via benefits, like insurance and vacation. Makes it easier for the accountant as she just cuts a check and doesn’t have to deduct taxes, however it now becomes his responsibility to claim wages and pay the taxes. What we are working on now is management. My boss wants him to log everything he does and pay from there, but to me that seems to be a lot of work. We have a web based time clock, but I already have issues with techs forgetting to clock in or clock out, I cant imagine it would be better having a guy clock out after every single support call. Our phone system can log time on the phone and where the calls went to, but of course a guy can be busy updating firmware and re-configuring equipment without being on the phone. The guy really only wants to clock 4 hours a day, but I need him available off an on during the day. He is unique and he could sit at home all day. I would almost just pay him 4 hours flat a day to sit and have him there and available, but the bosses want to pay him for only what he works, which I think puts more load on us deciphering logs to see what he actually worked. Anyways kind of a first for us, and maybe a last. Just wondering what others, if any, have done. I don’t want to lose the guy because he takes care of a lot of stuff when I am gone and I don’t have to train him. thanks heith _______________________________________________ Wireless mailing list Wireless@wispa.org<mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless
_______________________________________________ Wireless mailing list Wireless@wispa.org http://lists.wispa.org/mailman/listinfo/wireless
